Pubdate: Fri, 02 Dec 2011
Source: Los Angeles Times (CA)
Copyright: 2011 Los Angeles Times
Contact: http://www.latimes.com/
Details: http://www.mapinc.org/media/248
Author: John Hoeffel
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
L.A. SUES TO FORCE POT DISPENSARIES TO CLOSE
The City Is Targeting Nine Stores That Are Within 600 Schools,
Persues Penalties
Los Angeles has sued nine medical marijuana dispensaries to force
them to close immediately and permanently, even as more boldly open
throughout the city, often in prominent locations.
With hundreds of dispensaries in L.A., City Atty. Carmen Trutanich
decided to target those within 600 feet of a school, a violation of
state law. The city is seeking civil penalties of up to $5,000 a day
if the dispensaries defy the lawsuits and remain open.
"These are the ones that have been brought to our attention. There
could be others that are within 600 feet of schools," said Asha
Greenberg, the assistant city attorney who leads the effort to shut
down illegal dispensaries. "If we do see more of them cropping up
this close to schools, or we become aware of them, then we certainly
are going to take action against them."
The lawsuits, which were filed Nov. 15, may be followed by more next
week. The city has already sued about 40 dispensaries and about a
quarter have closed, Greenberg said.
It is unclear how many dispensaries Los Angeles has, but 372
marijuana businesses filed by the Oct. 31 deadline to begin paying
the city's 5% business tax on gross receipts. City officials estimate
that there were once as many as 850, but they believe the number has
since dropped.
Recently, however, more have started to open, irritating neighborhood
councils. The East Hollywood Neighborhood Council voted unanimously
to support a ban. In January, a ban may be debated by the City
Council. Some council members are concerned by the costly legal
battle to shut shops down and a court decision that raised doubts
about whether cities can regulate medical marijuana sales.
"We do get complaints literally every day, so we're trying to catch
up," said Greenberg, who acknowledged that the ongoing legal battles
are expensive and time-consuming. "It's very resource intensive, and
these cases are very heavily litigated."
In the lawsuits, the city argues that the dispensaries violate a
state law that prohibits them within 600 feet of a school. Montana
Caregivers on Victory Boulevard in Valley Glen, for example, is in a
corner strip mall next to Laurence School, a private elementary
campus with 315 students.
The city's ordinance excludes dispensaries within 1,000 feet of a
school, but Greenberg said the city did not sue based on that
requirement because the ordinance has been the target of extensive litigation.
The city also sued Absolute Herbal Pain Solutions and La Brea
Collective in Mid-Wilshire, Greencare Givers and Organic Heaven
Cooperative in Hollywood, Colorado Quality Pain Relief and Organic
Healing Center in Eagle Rock, My Green Garden in Sherman Oaks and
Kind Meds Collective Care in Encino.
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MAP posted-by: Jay Bergstrom